IMMIGRATION LAW PROSECUTIONS DOUBLE DURING 1996-2000

WASHINGTON, D.C.The number of people prosecuted for immigration offenses in federal courts more than doubled from 1996 through the year 2000, growing
from 6,605 defendants in 1996 to 15,613 defendants in 2000, the Justice
Department's Bureau of Justice Statistics (BJS) announced today.

In 1996 a new law authorized increases in U.S. Immigration and Naturalization
Service (INS) hiring, which resulted in the number of INS law enforcement officers
growing from 12,403 to 17,654. Two-thirds of the increase were Border Patrol
agents. Approximately 75 percent of the increase in referrals to U.S. attorneys
for immigration offenses between 1996 and 2000 occurred in the five states
(Texas, California, Arizona, New York and Florida) that received the greatest
number of new INS officers.

The number of immigration offenders serving federal prison sentences
increased almost ninefold between 1985 and 2000- from 1,593 to 13,676 adult men
and women-more than twice the rate of increase for the entire federal prison
population. A major portion of this growth was attributable to changes in
federal sentencing law that increased the likelihood of a convicted immigration
felony offender receiving a prison sentence - from 57 percent in 1985 to 91
percent in 2000 - in lieu of some lesser sanction. The growth was also the
result of increased sentences and time actually served, which increased from
about 4 months in 1985 to 21 months in 2000.

The increase in the number of immigration offenders serving time in federal
prisons accounted for 14 percent of the overall growth in the federal prison
population during the period since 1985. Non-citizens convicted of immigration
or other crimes (e.g. drug offenses) accounted for a third of that increase.

Fifty percent of those charged with immigration offenses during 2000 were
accused of reentering the country illegally, 25 percent with improper entry, 20
percent for alien smuggling and 5 percent for misusing visas or other immigration offenses. Criminal history played a significant
role in the charging decision - more than two-thirds of defendants charged with
an immigration offense had a history of previous arrests, 36 percent had 5 or
more prior arrests. Sixty-one percent of immigration defendants had a prior
conviction history. Overall, ninety-six percent of immigration offense
defendants were convicted when prosecuted in the federal courts.

During 2000, about 16,495 men and women referred to U.S. Attorneys were
suspected of committing immigration offenses, the BJS special report noted, of
which 57 percent were Mexican citizens, 7 percent U.S. citizens, 3 percent Chinese citizens. Eighty-seven percent of
the Mexican nationals and 93 percent of the Chinese nationals were charged with
illegal entry or reentry. Sixty-four percent of the U.S. citizen defendants were
charged with alien smuggling.

Of the 14,540 federal defendants charged with immigration offenses during
2000, 92 percent were male, 87 percent were Hispanic and almost 80 percent were from
21 to 40 years old.

In addition to immigration offenses, U.S. attorneys prosecuted an increased
number of non-citizens for other crimes, especially for drug trafficking, which
increased from 1,799 cases in 1985 to 7,803 in 2000.

BJS said the people processed through the federal court system did not
include aliens whom the INS detains and deports for illegal entry or unlawful
residence. During 1999 federal immigration officers removed almost 1.8 million
aliens from the U.S. Ninety percent accepted an offer of voluntary deportation,
and 10 percent were removed following a formal hearing.

The special report, "Immigration Offenders in the Federal Criminal Justice
System, 2000" (NCJ-191745), was written by BJS statisticians Marika F.X. Litras and John Scalia.
Single copies may be obtained by calling the BJS Clearinghouse at
1-800-851-3420. In addition, this document can be accessed at: